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Home > Frequently Asked Questions > Instream Flow Water Right Impacts  

Frequently Asked Questions: Instream Flow Water Right Impacts

Title

Instream Flow Water Right Impacts 

Program Area

Environment 

Specific Program

New Appropriations 

CWCB Section

Stream & Lake Protection 

Question

Can an instream flow water right impact my water right?

Answer

 An instream flow is a new junior water right, and as such, cannot affect senior decreed water rights being used for decreed purposes.  Additionally, the statutes provide that an instream flow appropriation shall be subject to the present uses or exchanges of water being made by other water users "pursuant to appropriation or practices in existence on the date of such appropriation." If you decide to sell or change your water right to another location or use, the statutes allow vested water right holders to review the proposed change for potential impacts, and to request terms and conditions in the new decree to prevent injury to their vested water rights. This statutory protection from injury extends to instream flow water rights.
Attachments
Created at 6/30/2010 9:33 AM  by System Account 
Last modified at 6/30/2010 11:55 AM  by System Account